# Board of Supervisors Agenda: December 15, 2009

- Meeting date: 2009-12-15
- Document type: agenda
- Source format: PDF
- Extracted pages: 25
- [Canonical HTML transcript](https://sfbos.info/documents/1963/2009-12-15-agenda)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/agendas/2009/BAG121509.pdf)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Extracted text

### [Page 1](https://sfbos.info/documents/1963/2009-12-15-agenda#page-1)

BOARD OF SUPERVISORS
 CITY AND COUNTY OF SAN FRANCISCO
 AGENDA

 Legislative Chamber, Room 250
 City Hall, 1 Dr. Carlton B. Goodlett Place
 San Francisco, CA 94102-4689
 Tuesday, December 15, 2009 - 2:00 PM
 Regular Meeting

 DAVID CHIU, PRESIDENT
MICHELA ALIOTO-PIER, JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, CHRIS DALY,
 BEVAN DUFTY, SEAN ELSBERND, ERIC MAR, SOPHIE MAXWELL, ROSS MIRKARIMI

 Angela Calvillo, Clerk of the Board
 Agendas of the Board of Supervisors are available on the internet at www.sfgov.org/bos

 BOARD COMMITTEES
 Committee Membership Meeting Days
 Budget and Finance Committee Wednesday
 Supervisors Avalos, Mirkarimi, Chu 11:00 AM

 City and School District Select Committee 1st and 3rd Thursday
 Supervisors Elsbernd, Dufty, Avalos, Yee, Fewer, Maufas 3:30 PM

 City Operations and Neighborhood Services Committee 2nd and 4th Monday
 Supervisors Dufty, Daly, Elsbernd 10:30 AM

 Government Audit and Oversight Committee 2nd and 4th Thursday
 Supervisors Mirkarimi, Mar, Maxwell 1:00 PM

 Land Use and Economic Development Committee Monday
 Supervisors Maxwell, Mar, Chiu 1:00 PM

 Public Safety Committee 1st and 3rd Monday
 Supervisors Chiu, Mirkarimi, Alioto-Pier 10:00 AM

 Rules Committee 1st and 3rd Thursday
 Supervisors Campos, Daly, Alioto-Pier 10:00 AM

 First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair, of the Committee.

### [Page 2](https://sfbos.info/documents/1963/2009-12-15-agenda#page-2)

Meeting Procedures

The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The
Board has several standing Committees where ordinances and resolutions are the subject of hearings
at which members of the public are urged to testify. The full Board does not hold a second public
hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience at a Committee meeting to vocally
express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing
and use of cell phones, pagers, and similar sound-producing electronic devices; 3) signs to be
brought into the meeting or displayed in the room; 4) standing in the meeting room.
Citizens are encouraged to testify at Committee meetings and to write letters to the Clerk of a
Committee or to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco,
CA 94102.
USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services
at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting.
Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes
prior to the meeting to connect and test their computer.
THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL, ROOM 244,
RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bos_meetings
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415)
554-4188.
Requests for language interpreters at a meeting must be received at least 48 hours in advance of the
meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722.
AVISO EN ESPAÑOL: La solicitud para un traductor en una reunion debe recibirse antes de
mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

 Disability Access

 The Legislative Chamber and the Committee Room in City Hall are wheelchair accessible.
 Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive
listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's
Office, Room 244. Assistive listening devices for the Committee Room are available upon request at
the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language
interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli
at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the
meeting will help to ensure availability.

 The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible
MUNI Metro lines are the F, 5, 21, 47, 49, 71, 71L, J, K, L, M, N, T (exit at Van Ness Station).
MUNI bus lines also serving the area are the 6, 7, and 9 San Bruno. For more information about
MUNI accessible services, call (415) 701-4485.

 There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies
Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B.
Goodlett Place and Grove Street.

 In order to assist the City’s efforts to accommodate persons with severe allergies, environmental
illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded
that other attendees may be sensitive to perfumes and various other chemical-based scented products.
Please help the City to accommodate these individuals.

### [Page 3](https://sfbos.info/documents/1963/2009-12-15-agenda#page-3)

Know Your Rights Under The Sunshine Ordinance

Government's duty is to serve the public, reaching its decision in full view of the public.
Commissions, boards, councils and other agencies of the City and County exist to conduct the
people's business. This ordinance assures that deliberations are conducted before the people and that
City operations are open to the people's review.
 For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco
Administrative Code) or to report a violation of the ordinance, contact by mail Sunshine Ordinance
Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415)
554-7724, by fax at (415) 554-7854 or by email at sotf@sfgov.org
 Citizens may obtain a free copy of the Sunshine Ordinance by printing Chapter 67 of the San
Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine

 Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action
may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct
Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist
Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220,
San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112; web site
www.sfgov.org/ethics

### [Page 4](https://sfbos.info/documents/1963/2009-12-15-agenda#page-4)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 ROLL CALL AND PLEDGE OF ALLEGIANCE

 AGENDA CHANGES

 Note: Each item on the Consent or Regular agenda may include the following documents:
 1) Legislation
 2) Budget Analyst report
 3) Legislative Analyst report
 4) Department or Agency cover letter and/or report
 5) Public correspondence
 These items will be available for review at City Hall, Room 244, Reception Desk.

 COMMUNICATIONS

 SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board
 (This item will be read at the Board Meeting on the third Tuesday of each month.)

 The following is a time dedicated for the Mayor to discuss with the Board of Supervisors issues pertaining to the governance
 of the City and County of San Francisco. The Board of Supervisors offers this time for dialogue on the third regularly
 scheduled Board meeting of every month pursuant to the will of the voters as expressed in Proposition I in November of
 2006.

 Should the Mayor fail to appear after five minutes of the item being called, the Clerk shall remove the item from the Board's
 agenda, and the item shall not be considered by the Board. Should the Mayor appear and the Board therefore consider this
 item, public comment for this item will take place during general public comment.

City and County of San Francisco Page 4 Printed at 4:19 pm on 12/10/09

### [Page 5](https://sfbos.info/documents/1963/2009-12-15-agenda#page-5)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 CONSENT AGENDA
 All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board
 of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate
 discussion of these items unless a member of the Board so requests, in which event the matter shall
 be removed from the Consent Agenda and considered as a separate item.

 Items 1 through 18

 Recommendations of the Budget and Finance Committee
 Present: Supervisors Avalos, Mirkarimi, Chu

1. 091374 [Accept and Expend Grant - FY 09 Urban Area Security Initiative and
 Amendment to the Annual Salary Ordinance, FY 2009-2010 - $32,510,600]
 Sponsor: Elsbernd
 Ordinance authorizing the Department of Emergency Management, on behalf of the City
 and County of San Francisco, as the primary grantee for the combined Bay Area Urban
 Area and as the fiscal agent for the Urban Areas Security Initiative ("UASI") Approval
 Authority, to retroactively accept and expend a UASI grant in the amount of $32,510,600
 from the United States Department of Homeland Security, through the California
 Emergency Management Agency; amending Ordinance No. 183-09 (Annual Salary
 Ordinance, FY 2009-2010) to reflect: the addition of one (1) grant-funded position (.50
 FTE) in Class 5277 Planner I and one (1) grant-funded position (.50 FTE) in Class 5293
 Planner IV, and the deletion of one (1) grant-funded position (.75 FTE) in Class 1426
 Senior Clerk Typist, all in the Department of Emergency Management.
 12/08/2009; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

2. 091376 [Accept and Expend Grant - FY 09 Regional Catastrophic Preparedness
 Program and Amendment to the Annual Salary Ordinance, FY 2009-2010 -
 $4,822,667]
 Sponsor: Elsbernd
 Ordinance authorizing the Department of Emergency Management, on behalf of the City
 and County of San Francisco, serving as the primary grantee for the Regional
 Catastrophic Preparedness Grant Program ("RCPGP") Bay Area Site and as fiscal agent
 for the UASI Approval Authority, to retroactively accept and expend a RCPGP grant in
 the amount of $4,822,667 from the United States Department of Homeland Security,
 through the California Emergency Management Agency, and to provide $167,188 in
 matching funds; amending Ordinance No. 183-09 (Annual Salary Ordinance, FY
 2009-2010) to reflect the addition of two (2) grant-funded positions (.50 FTE total) in
 Class 5291 Planner III in the Department of Emergency Management.
 12/08/2009; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

City and County of San Francisco Page 5 Printed at 4:19 pm on 12/10/09

### [Page 6](https://sfbos.info/documents/1963/2009-12-15-agenda#page-6)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

3. 091324 [Airport Concession Lease]
 Resolution approving the Pay Phone Lease between Pelican Communications, Inc. and
 the City and County of San Francisco, acting by and through its Airport Commission.
 (Airport Commission)

 Question: Shall this Resolution be ADOPTED?

 Recommendations of the Land Use and Economic Development Committee
 Present: Supervisors Maxwell, Mar, Chiu

4. 090678 [Bayview Hunters Point Area Plan, Technical Zoning Map Amendments]
 Ordinance amending Zoning Map Sheets ZN08, ZN10, and SU10 of the City and County
 of San Francisco Planning Code with revised use districts within the Bayview Hunters
 Point Plan Area; and making various findings, including CEQA findings and findings of
 consistency with the General Plan and Planning Code Section 101.1. (Planning
 Department)
 11/17/2009; RE-REFERRED to the Land Use and Economic Development Committee.

 12/08/2009; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

5. 091036 [Zoning - Third Street and Le Conte Avenue Affordable Housing Special Use
 District]
 Sponsor: Maxwell
 Ordinance amending the San Francisco Planning Code by adding Section 249.43 to
 establish the Third Street and Le Conte Avenue Affordable Housing Special Use District
 for property at 6600 Third Street (Lot 9, Assessor's Block 5476), located at the northeast
 corner of the block bounded by Le Conte Avenue, Third Street and Keith Street;
 amending Sheet SU10 of the Zoning Map of the City and County of San Francisco, to
 reflect this new Special Use District, and adopting findings, including environmental
 findings and findings of consistency with the General Plan and priority policies of
 Planning Code Section 101.1.
 12/08/2009; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

6. 091059 [Correction to the Vacation of Former Trenton Street]
 Ordinance ordering the summary vacation of a portion of Trenton Street south of
 Jackson Street within Assessor's Block No. 0192; making findings pursuant to the
 California Streets and Highways Code Sections 8330 et seq.; establishing conditions to
 the effectiveness of the vacation; adopting environmental findings and findings of
 consistency with the General Plan and priority policies of Planning Code Section 101.1.
 (Real Estate Department)
 12/08/2009; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

City and County of San Francisco Page 6 Printed at 4:19 pm on 12/10/09

### [Page 7](https://sfbos.info/documents/1963/2009-12-15-agenda#page-7)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 Recommendations of the Public Safety Committee
 Present: Supervisors Chiu, Mirkarimi, Mar

7. 091276 [Accept and Expend Grant - Edward Byrne Memorial Justice Assistance and
 Amendment to the Annual Salary Ordinance, FY 2009-2010 - $2,700,314]
 Sponsor: Mayor
 Ordinance authorizing the Department of Children, Youth & Their Families (DCYF) to
 accept and expend grant funding in the amount of $2,700,314 from the Federal
 Department of Justice, Office of Justice Programs for implementation of criminal justice
 programs and amending Annual Salary Ordinance (183-09) and to create grant-funded
 position at DCYF.
 12/08/2009; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

8. 091298 [Accept and Expend Grant - Mortgage and Investment Fraud Project -
 $1,066,026]
 Sponsor: Chiu
 Resolution authorizing the Department of the District Attorney of the City and County of
 San Francisco to retroactively accept and expend grant funds from the American
 Recovery and Reinvestment Act in the amount of $1,066,026 through the United States
 Department of Justice, Bureau of Justice Assistance, for a program entitled "Mortgage
 and Investment Fraud Prosecution and Education Project" for the period from August 1,
 2009, through July 31, 2011.

 Question: Shall this Resolution be ADOPTED?

9. 091302 [Accept and Expend Grant - Police Department Emergency Operations Center
 - $1,000,000]
 Sponsor: Elsbernd
 Resolution authorizing the Chief of Police for the City and County of San Francisco to
 retroactively accept and expend an earmark grant in the amount of $1,000,000 from the
 California Emergency Management Agency through the Federal Emergency
 Management Agency for the purchase of equipment and construction of the San
 Francisco Police Department Emergency Operations Center.

 Question: Shall this Resolution be ADOPTED?

10. 091303 [Accept and Expend Grant - California Multi-Jurisdictional Methamphetamine
 Enforcement Team Program - $346,785]
 Sponsor: Elsbernd
 Resolution authorizing the Chief of Police for the City and County of San Francisco to
 retroactively accept and expend a grant in the amount of $346,785 from the Governor's
 Office of Emergency Services for a project entitled "California Multi-Jurisdictional
 Methamphetamine Enforcement Team (CAL-MMET)" Program.

 Question: Shall this Resolution be ADOPTED?

City and County of San Francisco Page 7 Printed at 4:19 pm on 12/10/09

### [Page 8](https://sfbos.info/documents/1963/2009-12-15-agenda#page-8)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 Recommendations of the Rules Committee
 Present: Supervisors Campos, Daly, Alioto-Pier

11. 090960 [Honoring Small Local Businesses During Small Business Month]
 Sponsor: Alioto-Pier
 Ordinance amending the San Francisco Administrative Code by requiring the Small
 Business Commission to declare one month out of the year “Small Business Month” and
 to recognize small local businesses during the Small Business Month.
 12/08/2009; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

12. 091264 [Settlement of Lawsuits - Earnest Henderson, Janel Gotta, Aaron Rauls,
 Michael Perez, Arturo Pleitez, and Mack Woodfox - $217,000]
 Ordinance authorizing settlement of two lawsuits, which were filed by Earnest
 Henderson, Janel Gotta, Aaron Rauls, Michael Perez, Arturo Pleitez, and Mack Woodfox
 against the City and County of San Francisco and its employees for a total amount of
 $217,000; the first lawsuit was filed on January 14, 2005, in the United States District
 Court for the Northern District of California, Case No. C05-0280 VRW/WAF, entitled
 Earnest Henderson, et al., v. City and County of San Francisco, et al.; the second lawsuit
 was filed on October 18, 2005, in the United States District Court for the Northern District
 of California, Case No. C05-4220 VRW; entitled Mack Woodfox v. City and County of
 San Francisco, et al.; the above total settlement amount also includes all claims for costs
 and attorneys’ fees. (City Attorney)
 12/08/2009; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

13. 091265 [Settlement of Lawsuits - Joanne Lozenski, Juanita Stockwell, and Susan
 Rolovich - $95,000]
 Ordinance authorizing settlement of the lawsuit filed by Joanne Lozenski, Juanita
 Stockwell, and Susan Rolovich against the City and County of San Francisco, Alex
 Fagan, and Rod Nakanishi for $95,000; the lawsuit was filed on December 14, 2004, in
 San Francisco Superior Court, Case No. 04-436254; entitled Lozenski, et al., v. City and
 County of San Francisco, et al. (City Attorney)
 12/08/2009; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

14. 091289 [Settlement of Lawsuits - David Spears and Sabrina Wigfall - $97,500]
 Ordinance authorizing settlement of the lawsuits filed by David Spears and Sabrina
 Wigfall against the City and County of San Francisco and Kyle Adams against the City
 and County of San Francisco for $97,500; the lawsuits were filed on February 6, 2004,
 and August 1, 2008, in the United States District Court for the Northern District of
 California, Case Nos. 06-cv-04968 VRW and 08-vc-03696 PJH; entitled David Spears
 and Sabrina Wigfall v. City and County of San Francisco, et al. and Kyle Adams v. City
 and County of San Francisco, et al. (City Attorney)
 12/08/2009; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

City and County of San Francisco Page 8 Printed at 4:19 pm on 12/10/09

### [Page 9](https://sfbos.info/documents/1963/2009-12-15-agenda#page-9)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

15. 091290 [Settlement of Lawsuit - Lisa Anne Haller - $230,000]
 Ordinance authorizing settlement of the lawsuit filed by Lisa Anne Haller against the City
 and County of San Francisco for $230,000; the lawsuit was filed on March 20, 2007, in
 San Francisco Superior Court, Case No. 461-498; entitled Lisa Anne Haller, et al. v. City
 and County of San Francisco, et al. (City Attorney)
 12/08/2009; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

16. 091291 [Settlement of Lawsuit - City and County of San Francisco - $1,260,000]
 Ordinance authorizing settlement of the lawsuit filed by the City and County of San
 Francisco against the Design Partnership and Del Campo and Maru, Joint Association of
 Architects, for (a) $1,260,000 payable to the City and County of San Francisco and (b)
 mutual releases; the lawsuit was filed on March 20, 2009, in San Francisco Superior
 Court, Case No. 09-486423; entitled City and County of San Francisco v. The Design
 Partnership and Del Campo and Maru, Joint Association of Architects. (City Attorney)
 12/08/2009; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

17. 091352 [Extending the Term of Service for the Power Plant Task Force]
 Sponsor: Maxwell
 Resolution to extend the expiration date of the Power Plant Task Force from December
 31, 2009, to December 31, 2010.

 Question: Shall this Resolution be ADOPTED?

18. 091351 [Appointments, Workforce Investment Community Advisory Committee -
 Corrin Buchanan and Cameron McHenry]
 Motion appointing Corrin Buchanan and Cameron McHenry, terms to be determined, to
 the Workforce Investment Community Advisory Committee. (Rules Committee)

 Question: Shall this Motion be APPROVED?
 Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as
 indicated:______________________________________________

City and County of San Francisco Page 9 Printed at 4:19 pm on 12/10/09

### [Page 10](https://sfbos.info/documents/1963/2009-12-15-agenda#page-10)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 REGULAR AGENDA

 UNFINISHED BUSINESS

 Recommendations of the Budget and Finance Committee
 Present: Supervisors Avalos, Mirkarimi, Chu

19. 091353 [Appropriating $6,071,836 to Fund the Restoration of Positions in the
 Department of Public Health for FY 2009-2010]
 Sponsors: Avalos; Daly, Mirkarimi, Campos and Mar
 Ordinance appropriating $6,071,836 from the de-appropriation of funds from salaries and
 fringe benefits in the San Francisco General Hospital Fund to add 236.42 full-time
 equivalent (FTEs) positions and delete 200.16 FTE positions effective January 17, 2010,
 add 66.35 FTEs and delete 66.35 FTEs effective January 1, 2010, and release
 $6,071,836 of salaries and fringe benefits placed on Budget and Finance Committee
 reserve in the Department of Public Health for FY 2009-2010.
 11/24/2009; DUPLICATED AND AMENDED. Duplicate of File No. 091202.

 11/24/2009; TABLED. Motion FAILED.

 11/24/2009; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

 11/24/2009; CONTINUED AS AMENDED ON FIRST READING.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

20. 091354 [Public Employment - Amendment to the Annual Salary Ordinance, FY
 2009-2010 - Department of Public Health]
 Sponsors: Avalos; Daly, Mirkarimi, Campos and Mar
 Ordinance amending Ordinance No. 183-09 (Annual Salary Ordinance 2009-2010) to
 add 236.42 FTEs in various job classes and delete 200.16 FTEs in various job classes
 for 11.8 pay periods (January 17, 2010, through June 30, 2010) and add 66.35 FTEs in
 various job classes and delete 66.35 FTEs in various job classes for 13.1 pay periods
 (January 1, 2010, through June 30, 2010) in the Department of Public Health.
 11/24/2009; DUPLICATED AND AMENDED. Duplicate of File No. 091203.

 11/24/2009; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

 11/24/2009; CONTINUED AS AMENDED ON FIRST READING.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

City and County of San Francisco Page 10 Printed at 4:19 pm on 12/10/09

### [Page 11](https://sfbos.info/documents/1963/2009-12-15-agenda#page-11)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 Recommendation of the Land Use and Economic Development Committee
 Present: Supervisors Maxwell, Mar, Chiu

21. 090583 [Just Cause Eviction Protections for Residential Tenants, Extend to Non-Rent
 Controlled Units]
 Sponsors: Avalos; Campos
 Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and
 Arbitration Ordinance" by amending Sections 37.2 and 37.3 to extend just cause eviction
 requirements and protections to tenants in units that are not now subject to eviction
 controls (e.g., most residential rental units with a certificate of occupancy issued after
 June 13, 1979); by amending Section 37.9 to provide that 37.9(a)(8)(vi) limitations on
 owner move-in evictions do not apply to these newly protected units (new Section 37.9(a)
 (8)(viii)); by amending Section 37.9 to add a 16th just cause for eviction, to provide for
 eviction from a condominium unit with separable title that was rented by the developer for
 a limited time period prior to sale of the unit, where the developer has given specified
 advance notice to the renters (new Section 37.9(a)(16)); and by amending Chapter 37A
 "Rent Stabilization and Arbitration Fee" by amending Section 37A.1 to extend the City's
 current residential rental unit fee to these units; findings in support of the legislation;
 severability clause; technical corrections.
 12/08/2009; PASSED ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

 Recommendation of the Rules Committee
 Present: Supervisors Campos, Daly, Alioto-Pier

22. 091137 [Mills Act Contract Procedures]
 Sponsor: Alioto-Pier
 Ordinance amending Chapter 71 of the San Francisco Administrative Code regarding
 historical property (Mills Act) contract procedures to reflect amendments made to the
 San Francisco Charter to create the Historic Preservation Commission, expand the
 definition of "qualified historical property" to include properties listed on the California
 Register of Historical Resources, establish certain time lines for review of applications for
 historical property contracts, require Budget Analyst review of applications for historical
 property contracts, and making other clarifying amendments; and making findings,
 including environmental findings.
 10/06/2009; SUBSTITUTED.

 11/09/2009; SUBSTITUTED.

 12/08/2009; AMENDED.

 12/08/2009; PASSED ON FIRST READING AS AMENDED. *Link to amended packet material*

 Question: Shall this Ordinance be FINALLY PASSED?

City and County of San Francisco Page 11 Printed at 4:19 pm on 12/10/09

### [Page 12](https://sfbos.info/documents/1963/2009-12-15-agenda#page-12)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 NEW BUSINESS

 Recommendations of the Budget and Finance Committee
 Present: Supervisors Avalos, Mirkarimi, Chu

23. 091336 [Public Employment - Amendment to the Annual Salary Ordinance FY
 2009-2010 for the Department of the Environment]
 Sponsor: Mayor
 Ordinance amending Ordinance No. 183-09 (Annual Salary Ordinance FY 2009-2010) to
 reflect the addition of one position (.50 FTE) Class 5638 Environmental Assistant in the
 Department of the Environment.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

24. 091368 [Accept and Expend Grant - American Recovery and Reinvestment Act of 2009
 and Amendment to the Annual Salary Ordinance, FY 2009-2010 - $7,739,300]
 Sponsor: Mayor
 Ordinance authorizing the San Francisco Public Utilities Commission to accept and
 expend a grant in the amount of $7,739,300 from the U.S. Department of Energy through
 the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) under the Energy
 Independence and Security Act of 2007 (Pub. L. 110-140; 42 U.S.C. 17151 et seq.) for
 the Municipal Building Energy Efficiency Retrofit, Community Resilience, and Heating
 Systems Programs, and amending Ordinance Number 183-09 to reflect the addition of
 one and seven-tenths (1.7) grant-funded positions at the Department of the Environment.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

25. 091326 [CEQA Findings for San Francisco Public Utilities Commission New Irvington
 Tunnel Project in Alameda County and Fremont]
 Resolution adopting findings under the California Environmental Quality Act (CEQA),
 including the adoption of a mitigation monitoring and reporting program and a statement
 of overriding considerations related to the New Irvington Tunnel Project, CUW 35901;
 and directing the Clerk of the Board of Supervisors to notify the Controller of this action.
 (Public Utilities Commission)

 Question: Shall this Resolution be ADOPTED?

26. 091369 [Revenue Contract with PG&E Energy Conservation Programs]
 Sponsor: Mayor
 Resolution authorizing the Department of the Environment under Charter Section 9.118
 to enter into a contract for up to $11,540,000 with Pacific Gas and Electric Company
 (PG&E), to implement an Energy Use and Demand Reduction through Energy Efficiency
 Program in the City and County of San Francisco.

 Question: Shall this Resolution be ADOPTED?

City and County of San Francisco Page 12 Printed at 4:19 pm on 12/10/09

### [Page 13](https://sfbos.info/documents/1963/2009-12-15-agenda#page-13)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 Recommendations of the Land Use and Economic Development Committee
 Present: Supervisors Maxwell, Mar, Chiu

27. 090962 [Zoning - Amending the Citywide Definition of Tobacco Paraphernalia
 Establishments by Lowering the Threshold for Retail Stores to be Considered
 Tobacco Paraphernalia Establishments]
 Sponsor: Chiu
 Ordinance amending the Planning Code to amend the definition of Tobacco
 Paraphernalia Establishments in Section 227(v), to lower the threshold for retail stores to
 be considered Tobacco Paraphernalia Establishments from 15% of the square footage of
 the establishment to 10% of the occupied floor area, as defined in Section 102.10, or 10
 linear feet of display area projected to the floor, whichever is less; amending Sections
 790.123 and 890.123 to reflect this amended definition; amending Section 723.1 and the
 Table at Section 723, to make Tobacco Paraphernalia Establishments, as defined, not
 permitted in the Polk Street Neighborhood Commercial District; amending Section 186.1,
 to change the period of non-use for a non-conforming Tobacco Paraphernalia
 Establishment use to be deemed discontinued in the Polk Street Neighborhood
 Commercial District from three years to eighteen months, and making findings, including
 findings of consistency with the priority policies of Planning Code Section 101.1 and
 environmental findings.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

28. 091284 [Mission Bay - Park P21 Improvements]
 Ordinance designating a portion of State Trust Parcel 5 East of future Terry A. Francois
 Boulevard at future Mission Bay Boulevard for public open space and park purposes;
 naming the new park "Bayfront Park;" accepting and irrevocable offer for the acquisition
 facilities; designating said facilities to public open space and park purposes and
 accepting for maintenance responsibilities and liability purposes; adopting environmental
 findings and findings that such actions are consistent with the City's General Plan, priority
 policy findings of City Planning Code section 101.1, and the Mission Bay South
 Redevelopment Plan; accepting Department of Public Works Order No.178,379 and
 authorizing official acts in connection with this Ordinance. (Public Works Department)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

29. 091286 [Approval of Second Amendment to the Redevelopment Agency's Ground
 Lease within Mission Bay North and South Redevelopment Plans]
 Resolution approving the Second Amendment to the San Francisco Redevelopment
 Agency's Ground Lease to add certain additional real property within the Mission Bay
 South Redevelopment Plan Area to the leased premises and to clarify certain
 maintenance obligations. (Public Works Department)

 Question: Shall this Resolution be ADOPTED?

30. 091288 [Approval of CEQA Findings for SFPUC Harding Park Recycled Water Project]
 Resolution adopting findings under the California Environmental Quality Act, including the
 adoption of a mitigation and reporting program and a statement of overriding
 considerations related to the Harding Park Recycled Water Project, Water System
 Improvement Program funded Project No. CUW 30204; and directing the Clerk of the
 Board of Supervisors to notify the Controller of this action. (Public Utilities Commission)

 Question: Shall this Resolution be ADOPTED?
City and County of San Francisco Page 13 Printed at 4:19 pm on 12/10/09

### [Page 14](https://sfbos.info/documents/1963/2009-12-15-agenda#page-14)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 Recommendations of the Rules Committee
 Present: Supervisors Campos, Daly

31. 091015 [Reimbursement to City for Dignitary Security Provided During
 Campaign-Related Travel by Elected Officials]
 Sponsors: Mirkarimi; Campos, Avalos and Daly
 Ordinance adding a new Chapter 6 to Article III of the Campaign and Governmental
 Conduct Code, by adding sections 3.600, 3.605 and 3.610, to require City elective
 officers to reimburse the City for the cost of dignitary security provided by the City during
 travel for campaign-related activities or meetings.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 Present: Supervisors Campos, Daly, Alioto-Pier

32. 091349 [Appointment to San Francisco LAFCo - Supervisor John Avalos]
 Motion appointing Supervisor John Avalos, term ending February 4, 2014, to the San
 Francisco Local Agency Formation Commission. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

 Present: Supervisors Campos, Daly

33. 091350 [Appointment to San Francisco LAFCo - Supervisor Eric Mar]
 Motion appointing Supervisor Eric Mar, as an alternate member, term ending February 4,
 2014, to the San Francisco Local Agency Formation Commission. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

City and County of San Francisco Page 14 Printed at 4:19 pm on 12/10/09

### [Page 15](https://sfbos.info/documents/1963/2009-12-15-agenda#page-15)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 SPECIAL ORDER 3:00 P.M.

 Board of Supervisors Sitting as a Committee of the Whole
 (Pending approval of File No. 091418)

34. 091419 [Committee of the Whole - Opposing the Stupak-Ellsworth-Pitts Amendment
 to Restrict Reproductive Choice]
 Sponsors: Alioto-Pier; Chu and Maxwell
 Hearing of persons interested in or objecting to proposed resolution on file with the Clerk
 of the Board of Supervisors in File No. 091342 opposing the Stupak-Ellsworth-Pitts
 Amendment that limits reproductive choice, urging the United States Senate to pass
 healthcare reform that preserves access to reproductive health services, urging
 conferees to remove the amendment, and commending members of the California
 congressional delegation who opposed the amendment.

 Action:___________________________

 Committee of the Whole Adjourn and Report Without
 Recommendation

 SPECIAL ORDER 3:30 P.M - Recognition of Commendations

City and County of San Francisco Page 15 Printed at 4:19 pm on 12/10/09

### [Page 16](https://sfbos.info/documents/1963/2009-12-15-agenda#page-16)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 SPECIAL ORDER 4:00 P.M.
 APPEAL PROCEDURES
 Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public
 hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the
 appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An
 appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's
 consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to
 schedule multiple appeals in the following order at 4pm:

 1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
 2. Continued appeals from previous Board meetings (continued appeals will be listed in order of those closest to
 deadlines for Board decision).
 3. Appeals appearing on the calendar for the first time, in chronological order of receipt by the Clerk.
 4. Multiple appeals appearing on the calendar may be staggered at times specific, beginning at 4pm.
 5. Appeals involving participants who have ADA considerations may be set for specific times beginning at 4pm.

35. 091313 [Appeal of Tentative Parcel Map for 1673 through 1675 - 11th Avenue]
 Hearing of persons interested in or objecting to the decision of the Department of Public
 Works dated October 29, 2009, affirming the approval of the Tentative Parcel Map to
 construct a new 2 unit condominium project located at 1673 through 1675 - 11th Avenue,
 Lot No. 013 in Assessor's Block No. 1932. (Appellant: Rose Tom Tsai) (Clerk of the
 Board)

 (Filed 11/9/09 - Companion Measure to Files 091314, 091315, 001316) (District 7)
 12/08/2009; CONTINUED. Continued to December 15, 2009.

 Action:___________________________

 Pursuant to Government Code Section 65009, the following notice is hereby given: if you
 challenge, in court, the Tentative Parcel Map described above, you may be limited to
 raising only those issues you or someone else raised at the public hearing described in
 this notice, or in written correspondence delivered to the Board of Supervisors at, or prior
 to, the public hearing.

 (Only one of the following two motions should be approved.)

36. 091314 [Approving Decision of the Department of Public Works and Approving the
 Tentative Parcel Map for 1673 through 1675 - 11th Avenue]
 Motion approving the decision of the Department of Public Works, finding the Tentative
 Parcel Map consistent with the City's General Plan and eight priority policies of Planning
 Code Section 101.1, and approving the Tentative Parcel Map for a 2-unit new
 construction condominium subdivision located at 1673 through 1675 - 11th Avenue,
 Assessor's Block No. 1932, Lot No. 013. (Clerk of the Board)
 12/08/2009; CONTINUED. Continued to December 15, 2009.

 Question: Shall this Motion be APPROVED?

City and County of San Francisco Page 16 Printed at 4:19 pm on 12/10/09

### [Page 17](https://sfbos.info/documents/1963/2009-12-15-agenda#page-17)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

37. 091315 [Disapproving Decision of the Department of Public Works and Disapproving
 the Tentative Parcel Map for 1673 through 1675 - 11th Avenue]
 Motion disapproving the decision of the Department of Public Works, finding the
 Tentative Parcel Map consistent with the City's General Plan and eight priority policies of
 Planning Code Section 101.1, and disapproving the Tentative Parcel Map for a 2-unit
 new construction condominium subdivision located at 1673 through 1675 - 11th Avenue,
 Assessor's Block No. 1932, Lot No. 013. (Clerk of the Board)
 12/08/2009; CONTINUED. Continued to December 15, 2009.

 Question: Shall this Motion be APPROVED?

38. 091316 [Findings Related to the Tentative Parcel Map for 1673 through 1675 - 11th
 Avenue]
 Motion directing the Clerk of the Board to prepare findings relating to the Board of
 Supervisors' decision concerning a Tentative Parcel Map for a 2-unit new construction
 condominium subdivision located at 1673 through 1675 - 11th Avenue, Assessor's Block
 No. 1932, Lot No. 013. (Clerk of the Board)
 12/08/2009; CONTINUED. Continued to December 15, 2009.

 Question: Shall this Motion be APPROVED?

City and County of San Francisco Page 17 Printed at 4:19 pm on 12/10/09

### [Page 18](https://sfbos.info/documents/1963/2009-12-15-agenda#page-18)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 SPECIAL ORDER 4:00 P.M.

39. 091309 [Appeal of Determination of Exemption from Environmental Review for 2750
 Vallejo Street]
 Hearing of persons interested in or objecting to the decision of the Planning Department
 dated May 6, 2009, Case No. 2006.0339E, that a project located at 2750 Vallejo Street is
 exempt from environmental review under Categorical Exemption, Class 1 [State CEQA,
 Guidelines, Section15301(e)(1)]. The proposal would alter the facade and construct rear
 and side horizontal additions to an existing three-story, single-family residence in an
 RH-1(D) District and a 40-X Height and Bulk District, in Assessor's Block No. 0954, Lot
 No. 006. (Appellants: Robert A. Byrum and Dona S. Byrum) (Clerk of the Board)

 (Filed 11/6/09; Companion Measures to 091310, 0913911, 091312) (District 2)

 Action:___________________________

 Pursuant to Government Code Section 65009, the following notice is hereby given: if you
 challenge, in court, the Categorical Exemption from Environmental Review described
 above, you may be limited to raising only those issues you or someone else raised at the
 public hearing described in this notice, or in written correspondence delivered to the
 Board of Supervisors at, or prior to, the public hearing.

 (Only one of the following two motions should be approved.)

40. 091310 [Affirming the Exemption Determination Issued for the 2750 Vallejo Street
 Project]
 Motion affirming the exemption determination by the Planning Department that the 2750
 Vallejo Street project is exempt from environmental review. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

41. 091311 [Reversing the Exemption Determination Issued for the 2750 Vallejo Street
 Project]
 Motion reversing the exemption determination by the Planning Department that the 2750
 Vallejo Street project is exempt from environmental review. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

42. 091312 [Preparation of Findings Related to the Exemption Determination for the 2750
 Vallejo Street Project]
 Motion directing the Clerk of the Board to prepare findings related to the appeal of the
 exemption determination by the Planning Department that the project at 2750 Vallejo
 Street is exempt from environmental review. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

City and County of San Francisco Page 18 Printed at 4:19 pm on 12/10/09

### [Page 19](https://sfbos.info/documents/1963/2009-12-15-agenda#page-19)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 COMMITTEE REPORT
 Reports from committees, if any, recommending emergency or urgent measures.

 The following item will be considered by the City Operations and Neighborhood Services
 Committee at a Regular Meeting on Monday, December 14, 2009, at 10:30 a.m. The
 Chair intends to request the Committee to send the following item to the Board as a
 committee report on Tuesday, December 15, 2009.

43. 091423 [Accept and Expend Grant - Public Health Emergency Response - $2,151,772]
 Sponsor: Mayor
 Resolution authorizing the San Francisco Department of Public Health (DPH) to accept
 and expend retroactively a grant in the amount of $2,151,772 from the California
 Department of Public Health (CDPH), to assist with a project entitled “Public Health
 Emergency Response;” for the period of July 31, 2009, through July 30, 2010.

 Question: Shall this Resolution be ADOPTED?

 ROLL CALL FOR INTRODUCTIONS
 Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of
 inquiry, letters of request to the City Attorney and Board Members' reports on their regional body activities.

 PUBLIC COMMENT
 An opportunity for members of the public to directly address the Board on items of interest to the public
 that are within the subject matter jurisdiction of the Board, including items being considered today which
 have not been considered by a Board committee and excluding items which have been considered by a
 Board committee. Members of the public may address the Board for up to three minutes. Each member
 of the public will be allotted the same number of minutes to speak, except that public speakers using
 translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If
 simultaneous translation services are used, speakers will be governed by the public testimony time limit
 applied to speakers not requesting translation assistance. The President or the Board may limit the total
 testimony to 30 minutes.

 Members of the public who want a document placed on the overhead for display should clearly state such
 and subsequently remove the document when they want the screen to return to live coverage of the
 meeting.

City and County of San Francisco Page 19 Printed at 4:19 pm on 12/10/09

### [Page 20](https://sfbos.info/documents/1963/2009-12-15-agenda#page-20)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 FOR ADOPTION WITHOUT COMMITTEE REFERENCE
 These measures were introduced for adoption without committee reference. A unanimous vote is
 required for adoption of these resolutions today. Any Supervisor may require any resolution to go
 to committee.

 Items 44 through 54

44. 091418 [Committee of the Whole, December 15, 2009, at 3:00 P.M., Opposing
 Stupak-Ellsworth-Pitts]
 Sponsors: Alioto-Pier, Chu and Maxwell
 Motion scheduling a Committee of the Whole at 3:00 P.M. on Tuesday, December 15,
 2009, to consider opposing the Stupak-Ellsworth-Pitts Amendment to restrict
 reproductive choice.
 12/09/2009; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Motion be APPROVED?

45. 091341 [2010 Board of Supervisors Regular Meeting Schedule]
 Motion approving the 2010 Board of Supervisors regular meeting schedule by canceling
 the Board meetings of January 19, February 16, May 25, July 6, September 7, October
 12, and November 30; and by further canceling all Board and Committee meetings
 during the summer and winter breaks from August 18 through September 7, 2010, and
 December 15 through December 31, 2010. (Clerk of the Board)
 11/18/2009; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 12/08/2009; CONTINUED. Continued to December 15, 2009.

 Question: Shall this Motion be APPROVED?

46. 091410 [Accept and Expend Grant – High Risk Program - $37,787]
 Sponsor: Chu
 Resolution authorizing the San Francisco Department of Public Health (DPH) to accept
 and expend retroactively a grant from the California Department of Food and Agriculture
 (CDFA) in the amount of $37,787 to prevent infestation of pests from incoming high-risk
 shipments of plant material from Hawaii, Florida and other southern states; for the period
 of July 1, 2009, through June 30, 2010.
 12/09/2009; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

City and County of San Francisco Page 20 Printed at 4:19 pm on 12/10/09

### [Page 21](https://sfbos.info/documents/1963/2009-12-15-agenda#page-21)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

47. 091411 [Seeking Reimbursement from the State of California for Funds Expended by
 the County]
 Sponsors: Mar; Campos and Mirkarimi
 Resolution urging state and local officials to obtain reimbursement for funds expended by
 the City and County of San Francisco to provide legal representation in homicide cases
 instituted by the Attorney General.
 12/09/2009; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

48. 091412 [Accept and Expend Grant - San Francisco's Clean Cities Coalition Program -
 $60,000]
 Sponsor: Mar
 Resolution authorizing the Department of the Environment (SF Environment) to accept
 and expend funds from the United States Department of Energy’s Office of Energy
 Efficiency and Renewable Energy Vehicle Technologies Program (being passed through
 Research and Development Solutions, LLC) in the amount of $60,000 to support San
 Francisco’s Clean Cities Coalition Program and its work related to reducing petroleum
 use and improving air quality in the City and County of San Francisco.
 12/09/2009; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

49. 091413 [Support for the First and Mission Site as the Preferred, Fully Environmentally
 Cleared Site for the California High Speed Rail Station]
 Sponsor: Daly
 Resolution affirming the Board of Supervisors support for the First and Mission site as
 the preferred, fully environmentally cleared and under construction location for the
 California High Speed Rail Northern Terminus and encouraging the California High
 Speed Rail Authority to do likewise.
 12/09/2009; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

50. 091414 [Accept and Expend Grant – Probation Response Unit Pilot Project –
 $100,000]
 Sponsor: Maxwell
 Resolution authorizing the Juvenile Probation Department (JPD) to retroactively accept
 and expend a grant in the amount of $100,000 from the Federal Formula Grants
 Program for the Disproportionate Minority Contact (DMC) Support Project, administered
 by the Corrections Standards Authority (CSA), for calendar year 2010, to be used for
 design and implementation of a Probation Response Unit (PRU) pilot project.
 12/09/2009; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

City and County of San Francisco Page 21 Printed at 4:19 pm on 12/10/09

### [Page 22](https://sfbos.info/documents/1963/2009-12-15-agenda#page-22)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

51. 091415 [Urging Continued Funding for ARRA SBA 7 (a) and 504 Loan Provisions]
 Sponsor: Chiu
 Resolution Urging Continued Funding for ARRA SBA 7 (a) and 504 Loan Provisions as
 Part of the American Recovery and Reinvestment Act of 2009.
 12/09/2009; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

52. 091416 [Accept and Expend Grant - Implementing Ten Sobriety Checkpoints -
 $91,608]
 Sponsor: Elsbernd
 Resolution authorizing the Chief of Police for the City and County of San Francisco to
 retroactively accept and expend a grant in the amount of $91,608 from the Federal
 Department of Transportation through Office of Traffic Safety for the purpose of
 implementing ten Sobriety Checkpoints in the City and County of San Francisco.
 12/09/2009; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

53. 091417 [Urging the State Legislature to Amend the Costa Hawkins Act to Exempt
 Local Inclusionary Housing Ordinances]
 Sponsor: Chiu
 Resolution urging the California Legislature to amend the Costa Hawkins Act to exempt
 local inclusionary housing ordinances.
 12/09/2009; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

54. 091425 [Commemorating the Bicentennial Year of the Latino Press in the United
 States]
 Sponsor: Campos
 Resolution commemorating the Bicentennial Year of the Latino Press in the United
 States, and acknowledging the rich contributions of Latinos in the history of American
 journalism.
 12/08/2009; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

 Questions on the For Adoption Without Committee Reference
 Agenda:_________________________________________

City and County of San Francisco Page 22 Printed at 4:19 pm on 12/10/09

### [Page 23](https://sfbos.info/documents/1963/2009-12-15-agenda#page-23)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

55. IMPERATIVE AGENDA
 Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M.
 Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board
 must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act
 Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous vote is
 required for the resolution(s).

 [Serious Injury Finding]
 Motion that the Board find that for the resolution(s) being considered at this time "the need to take
 action is so imperative as to threaten serious injury to the public interest if action is deferred to a later
 meeting."

 [Purely Commendatory Finding]
 Motion that the Board find that the resolution(s) being considered at this time are purely
 commendatory.

 [Brown Act Finding]
 Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there
 is a need to take immediate action. The need to take action came to the attention of the City and
 County of San Francisco after the agenda was posted.

 LEGISLATION INTRODUCED AT ROLL CALL

 PROPOSED ORDINANCE
 Proposed ordinance received from December 1, 2009, to December 7, 2009, for
 reference by President to appriopriate committee on December 15, 2009.

 091387 [Settlement of Lawsuit - San Franciscans for Livable Neighborhoods -
 $141,692.50]
 Ordinance authorizing settlement of the lawsuit filed by San Franciscans for Livable
 Neighborhoods against the City and County of San Francisco for $141,692.50 for
 attorneys’ fees; the lawsuit was filed on November 30, 2004, in San Francisco Superior
 Court, Case No. 504-780; entitled San Franciscans for Livable Neighborhoods v. City
 and County of San Francisco, et al.; other material terms of said settlement are that
 payment is to be made in two equal installments, one in calendar year 2010, one in
 calendar year 2011.
 12/02/2009; RECEIVED AND ASSIGNED to the Rules Committee.

 PROPOSED RESOLUTIONS
 There were none.

City and County of San Francisco Page 23 Printed at 4:19 pm on 12/10/09

### [Page 24](https://sfbos.info/documents/1963/2009-12-15-agenda#page-24)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 091400 [Petitions and Communications]
 Petitions and Communications received from December 1, 2009, through December 7,
 2009, for reference by the President to Committee considering related matters or to be
 ordered filed by the Clerk on December 15, 2009.

 From Planning Department, submitting the Annual Report for the Historic Preservation
 Commission and the Planning Commission for FY 2008-2009. Copy: Each Supervisor
 (1)

 From Planning Department, submitting the General Advertising Sign Program Annual
 Report for FY 2008-2009. (2)

 From Office of the Controller, submitting its audit report of Pacific Park Management, Inc.
 agreements with the Municipal Transportation Agency (MTA) to manage the Mission
 Bartlett, North Beach, Vallejo Street and San Francisco General Hospital Garages.
 Copy: Each Supervisor (3)

 From Graffiti Advisory Board, submitting the Graffiti Advisory Board’s Annual Report for
 FY 2008-2009. Copy: Each Supervisor (4)

 From Gaea Denker, submitting opposition to proposed project for a soccer field in
 Golden Gate Park. (5)

 From Marcia Perry, submitting opposition to proposed installation of artificial turf in the
 soccer field in Golden Gate Park. (6)

 From Office of the Controller, submitting the unaudited financial statements for FY
 2008-2009. Copy: Each Supervisor, Budget and Finance Clerk (7)

 From Youth Commission, submitting the quarterly activities report. (8)

 From Planning Department, submitting the 2008 Downtown Plan Monitoring Report. This
 five-year report covers the period between 2002 and 2007 and summarizes business and
 development trends affecting Downtown San Francisco. (9)

 From Richard Skaff, regarding accessibility issues at the Hardly Strictly Bluegrass
 Festival. (10)

 From Heather Schultze, regarding the bike lanes on Scott Street. (11)

 From concerned citizens, submitting opposition to proposed legislation to expand rent
 control laws on buildings built after 1979. Copy: Each Supervisor, 2 letters (12)

 From Office of the Treasurer & Tax Collector, submitting the monthly portfolio report for
 October 2009. Copy: Each Supervisor (13)

 From T-Mobile, submitting a notification letter regarding placement of three cellular site
 antennas at 800 Holloway Avenue. (14)

 From San Francisco Public Golf Alliance, urging the Park, Recreation & Open Space
 Advisory Committee to support the continued operation of the 18-hole Sharp Park Golf
 Course, in combination with habitat restoration for the frog and snake. (15)

 From Peggy Nathan, regarding legislation that requires all persons located in San
 Francisco to separate recyclables, compostable and land filled trash and participate in
 recycling and composting programs. (16)

City and County of San Francisco Page 24 Printed at 4:19 pm on 12/10/09

### [Page 25](https://sfbos.info/documents/1963/2009-12-15-agenda#page-25)

Board of Supervisors Meeting Agenda Tuesday, December 15, 2009

 From concerned citizen, requesting an audit of the Tenderloin Housing Clinic. (17)

 From Dr. Ahimsa Sumchai, regarding the unanalyzed impact of the proposed Global
 Compact Center in San Francisco. (18)

 From Mohammed Hadeed, regarding the impact of the Cigarette Litter Abatement Fee of
 $0.20 per pack of cigarettes sold in San Francisco to recover the cost of abating
 cigarette litter from City streets, sidewalks, and other public property. (19)

 From Barbara White, submitting copy of letter sent to the Municipal Transportation
 Agency requesting a meeting. (20)

 From Arthur Evans, regarding recent changes to the Board of Supervisors website that
 deals with meeting agendas. (21)

 From Aaron Goodman, regarding proposed ordinance amending the Section 317 of the
 Planning Code regarding Demolition and Replacement of Sound Housing. File No.
 091038 (22)

 From James Corrigan, regarding firefighters and parking in San Francisco. (23)

 From Wendy La Riviere, submitting support for full funding for a LAFCo managed Clean
 Power San Francisco Project that will run San Francisco on 50% renewable energy
 source within the next decade. (24)

 From Mario, regarding the Peer Outreach Workers Exemplifying Recovery (POWER)
 Program. (25)

 From US Army Corps of Engineers, submitting public notice of proposed project to
 renovate the West Harbor of the San Francisco Marina Yacht Harbor. (26)

 From Juvenile Probation Department, responding to inquiry regarding request for an
 accounting of how the Department uses City funds to comply with Juvenile Probation
 Department Policy 8.12, the Department’s Policy regarding the intake, processing, and
 release of undocumented minors. (Reference No. 20091103-001) Copy: Supervisor
 Campos (27)

 ADJOURNMENT

City and County of San Francisco Page 25 Printed at 4:19 pm on 12/10/09